BABULAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MK Sarma, learned counsel for the petitioner. Also heard Mr. S K Medhi, learned Senior Standing counsel for the Gauhati High Court.

(2.) The original petitioner, Babulal Das was serving as a Bench Assistant in the Court of the learned CJM, Tinsukia at the relevant point of time, when the charges involved in this writ petition were leveled against him.

(3.) This writ petition is against the order dated 16.01.2006 of the learned CJM, Tinsukia in a disciplinary proceeding related to No.JDLT/1224/2005, dated 28.12.2005, whereby the original petitioner Babulal Das was dismissed from service. The said order of dismissal was assailed in WP(C)No.1835/2006, wherein by the judgment and order dated 08.05.2015, the writ petition was allowed on the ground that in an earlier writ proceeding being Civil Rule No.6209/1998, the respondent authorities were not given the liberty to further proceed against the charge of misappropriation of Rs.1000/-. Against the said judgment and order of 08.05.2014, the writ appeal being WA No.6/2015 was preferred by the respondent authorities. During the pendency of the said writ appeal, the original writ petitioner, Babulal Das had died. Consequently, the legal heirs/representatives of the original writ petitioner, Babulal Das were substituted by an order dated 11.11.2016 in IA (C)No.736/2016. Consequent upon, the legal heirs of the original writ petitioner. Babulal Das being substituted as the writ petitioners/respondents in the said writ appeal, the writ appeal was further pursued. By the order dated 15.05.2017, in WA No.6/2015, the Division Bench of this Court had allowed the appeal and had remanded the WP(C)No. 1835/2006 for being heard afresh on the issues which remained unanswered earlier i.e., the charge of misappropriation of Rs.1000/- leveled against the original petitioner.